CAFE Insider

On this episode of CAFE Insider, "Reversing Roe & Politicizing Pardons," Preet and Anne discuss:

• The push to overturn Roe v. Wade, with a slew of restrictive abortion laws enacted around the country, including in Alabama and Georgia
• President Trump's approach to granting pardons that has raised concerns about process and fairness
• Newly un-redacted memos in the case of Michael Flynn, and more.

You can view the episode show notes below or on cafe.com/insider.

REFERENCES AND SUPPLEMENTAL MATERIALS

ABORTION

• Roe v. Wade (1973), Oyez  
• Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), Oyez

Overturning Precedent:

• Nevada v. Hall (1979), Oyez
• Franchise Tax Board of California v. Hyatt (2019) Oyez, overruling Nevada v. Hall
• Bowers v. Hardwick (1986) Oyez, overturned by Lawrence v. Texas (2003) Oyez
• SCOTUS reporter Joan Biskupic’s interview on Stay Tuned
• “The Supreme Court’s Overruling of Constitutional Precedent,” Congressional Research Service, 9/24/18
• “Supreme Court’s conservatives overturn precedent as liberals ask ‘which cases the court will overrule next’,” Washington Post, 5/13/19
• “Can the Supreme Court Change Its Mind?,” New York Times, 12/5/02
• “John Roberts has voted for restrictions on abortion. Will he overturn Roe v. Wade?,” CNN, 5/15/19

Restrictive state abortion laws:

• “Alabama Governor Signs Abortion Ban Into Law,” National Public Radio, 5/15/19
• “25 men voted to ban abortion in Alabama. Do they reflect the rest of America?,” USA Today, 5/15/19
• “Trump, Republicans distance themselves from Alabama abortion law,” Washington Post, 5/19/19
• “Abortion ban reaction: Democrats erupt, Republicans stay quiet as both sides see an impact in the 2020 election,” Washington Post, 5/15/19
• “‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It,” New York Times, 5/15/19
• “Alabama Abortion Law Could Make Its Way To The Supreme Court,” National Public Radio, 5/16/19
• “Georgia Governor Signs ‘Fetal Heartbeat’ Abortion Law,” New York Times, 5/7/19
• “A GOP lawmaker used the phrase ‘consensual rape’ during abortion debate. He says he misspoke,” Washington Post, 5/17/19

THE PARDON POWER

• Article II of the Constitution, Legal Information Institute
• Office of the Pardon Attorney, Department of Justice
• Organization, Mission and Functions Manual: Office of the Pardon Attorney, Department of Justice
• Clemency Initiative (2014-2017), Department of Justice
• National Task Force on the Rule of Law & Democracy Proposals for Reform, Brennan Center

Trump’s Recent Pardons:

• “The President and His Power to Pardon,” New York Times, 5/19/19
• “Trump pardons Pat Nolan, former GOP lawmaker taken down in FBI’s ‘Shrimpscam’ probe,” LATimes, 5/15/19
• “Trump pardons billionaire friend Conrad Black, who wrote a book about him,” Washington Post, 5/15/19
• “Trump May Be Preparing Pardons for Servicemen Accused of War Crimes,” New York Times, 5/18/19

Pardon of Marc Rich:

• “Rich Made His Fortune by Breaking the Rules,” Washington Post, 3/13/01
• “Holder admits 'mistakes' in Rich pardon,” CNN, 1/15/09
• “U.S. attorney launches criminal probe of Rich pardon,” CNN, 2/14/01

Pardon of Richard Nixon:

• “NO CONDITIONS SET Action Taken to Spare Nation and Ex‐Chief, President Asserts,” New York Times, 9/9/74

IMPEACHMENT & OBSTRUCTION

• Michigan Representative Justin Amash’s Twitter thread
• Statement by Former Federal Prosecutors, Medium, 5/6/19

MICHAEL FLYNN

• Addendum to the government’s memorandum in aid of Flynn’s sentencing
• “The Daily 202: Judge’s order to release Flynn transcripts illuminates an under-covered episode in the Mueller report,” Washington Post, 5/17/19
• VIDEO: “Stupid Watergate: Last Week Tonight with John Oliver (HBO),” Youtube, 5/21/17

JOHN DURHAM

• “Barr Assigns U.S. Attorney in Connecticut to Review Origins of Russia Inquiry,” New York Times, 5/13/19

SPACE FORCE

• “Cruz warns 'Space Force' needed to prevent space pirates,” The Hill, 5/15/19

We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.

In this bonus clips from Stay Tuned, Preet discusses the court case over President Trump's financial records and Valerie Jarrett defines "effective advice."

• “U.S. judge voices doubt on Trump bid to block House subpoena for financial records,”Washington Post, 5/14/19
• “President’s Vow Fulfilled,” New York Times, 5/2/11

Thank you for being a member of the CAFE Insider community.

On this episode of CAFE Insider, "Indicting a POTUS," Preet & Anne discuss:

-- The Office of Legal Counsel (OLC) policy on indicting a sitting president and whether the statute of limitations is tolled while the president is in office

-- Rudy Giuliani’s cancelled trip to Ukraine where he intended to obtain information that could help Trump’s re-election

-- The latest news on Don McGahn and Don Jr.

-- SDNY’s seizure of a North Korean cargo ship for alleged sanctions violations, and more.

To view the episode show notes, head to: cafe.com/insider

We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.